Palavi (Migration)

[2020] AATA 2775

Palavi (Migration) [2020] AATA 2775 (11 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Olivia Palavi

CASE NUMBER:  1931032

HOME AFFAIRS REFERENCE(S):          CLF2010/133049

MEMBER:Mary Urquhart

DATE:11 June 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

·cl.804.224 of Schedule 2 to the Regulations

Statement made on 11 June 2020 at 12:49pm

CATCHWORDS

MIGRATION – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) – assurance of support accepted by Centrelink – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2, cl 804.224

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Aged Parent (Residence) (Class BP) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 6 October 2010.

2. The delegate refused to grant the visa on 11 October 2019 on the basis that evidence that Assurance of Support had been accepted by the Department of Human Services was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

   The applicant has not met clause 804.224 in Schedule 2 of the Regulations, therefore, the
   applicant does not satisfy the criteria for the grant of an Aged Parent (Residence) (BP 804)

3. On 22 May 2020 the Tribunal received information from Centrelink dated 18 May 2020 indicating that an Assurance of Support has been accepted.

4. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

   ·cl.804.224 of Schedule 2 to the Regulations

   Mary Urquhart
   Member